I received a notice from my former attorney that tells me I need to participate in fee arbitration or he will file suit against me in Small Claims Court. Can you tell me what to expect, and how the Fee Arbitration is conducted? Is it true that another lawyer will be the arbitrator, for if so, that has me worried, as I am of the opinion that most lawyers watch out for each other. Please pardon my sarcasm, as it is not directed against you in any way but I have not had many positive experiences with the legal profession. Thanks for you advice — Monica from Arcata, Calif.

WHAT IS FEE ARBITRATION?

The State Bar of California Mandatory Fee Arbitration Program helps prevent lawyers and clients from winding up in court over fees and costs. This involves having experienced lawyers, and at times a panel of lawyers and members from the community, sitting as arbitrators. I have often served as arbitrator, and will tell you that if there is any profession on earth that does not watch out for each other, it is ours. Just ask KFI radio personality Bill Handel, Esq.

In his excellent (and hysterically funny) weekly, syndicated program “Handel on the Law,” Bill often states, “Lawyers are like mother alligators — they will eat their young. Given the chance to find fault and sue for legal malpractice, there is no such thing as protecting your fellow lawyer.” I have never seen the kind of “let’s watch out for each other” situation that Monica fears.

Fee Arbitration is a straight forward and simple procedure. Boiled down to its basics, before a lawyer is allowed to proceed to court to collect attorney fees or courts costs, the client must be given notice of the right to have the dispute taken to arbitration. It’s not mandatory; a client is not obligated to go through the process, but it has proven to be an effective way of resolving these matters at minimal cost. If not offered to the client, an attorney is prevented from going to court even if suit has been filed. The cost of arbitration is incredibly low in relation to what the client and lawyer receive.

Fee Arbitration can be binding or non-binding; it is important to understand the differences and consequences. Therefore, please view today’s story as an introduction to a procedure that I believe in and completely support. A great deal of information is available online, by going to ww.calbar.org.

WHAT’S GOOD ABOUT FEE ARBITRATION?

If you speak to the intake department at virtually any State Bar Association and ask, “What are the most frequent complaints you get from the public about lawyers?” the answer has two parts: (1) Lawyers not returning phone calls, and (2) Attorney fees. “It isn’t usually a situation of a client trying to get out of a legitimate bill, but rather a failure by the attorney to send out timely, understandable bills,” a senior complaint department employee at the California State Bar told me.

A case that I recently handled is a typical example of how fee arbitration works as well as a glowing example of one bad apple spoiling the entire barrel. For those of us who enjoy good comedy, especially where The Comedy Channel is locked into the favorites of your cable remote, if I say Abbott and Costello, chances are good that you’ll reply, “Who’s on First?” It was a portrayal of total confusion from one of our country’s favorite comedy teams. An arbitration I conducted revealed a level of confusion that made me think of that comedy sketch.

The dispute was over $500 attorney fees, past due for more than two years. Attorney Jane (not her real name) was hired to help Hector reduce past due child support. Jane was paid a $1,000 retainer; The hearing was February 10, 2004, and Jane had been aware of that date for months. Still, she scheduled a trial the same day. It would prove to be a good example of how irresponsible lawyers abuse the system and their clients.

Hector — driving six hours from Indio — was on time for the court appearance, accompanied by his ex-wife. She had agreed to drop her request for past due support, as they had patched up their relationship and she did not need the money; in less than five minutes, it could all have been on the record, but Attorney Jane never came to court that day. Instead, she sent a paralegal who told the judge “My boss is in trial and the case needs to be continued.” The judge did continue it — to May of 2004. This, of course, meant another, unnecessary six hour drive to court for Hector.

But, when May came, Hector’s ex-wife was ill and unable to come to court. Jane could have but never even tried to have her sign a document releasing Hector from the child support obligation. He was ordered to make payments. By that time, he was off work, due to an injury. Jane billed him $500 for the May appearance — he refused to pay, Jane notified him of his right to arbitrate the dispute, and he agreed to binding arbitration. I was selected to arbitrate the dispute.

THE HEARING

4 p.m. was the time requested by Jane’s office. Hector and his ex-wife arrived early. Jane was absent. At 4:00 we phoned her office and was informed, “Oh, she is in court and can’t make the hearing. Please continue it. We can’t reach her because she is in the courtroom now.” “No, I will not continue the matter, as your office knew of this for weeks, and if she is not here by 4:15 I am starting,” I said.

We began at 4:15 without Jane. It was then that I learned what took place two years earlier, and Hector’s ex-wife again said that she wanted the arrears dropped — which she had the right to do as no welfare money was involved. With interest, it was over $40,000.

At 4:20 Jane suddenly appeared, with the excuse, “I was in court and my office was supposed to tell you that. “Yup, they sure did, and this Fee Arbitration has been scheduled for weeks and you were notified. So, the ‘I was in court’ excuse doesn’t quite fly this time. But I am ready to listen to your position,” I replied.

At once she began to bad-mouth her former client, insisting that his ex-wife be ordered out of the room. “She is staying,” I said. “These are informal proceedings, she is a witness.” Attorney Jane then read portions of a letter sent to her by Hector which contained some not too flattering remarks about his ex-wife. It was completely uncalled for — calculated to embarrass him and upset her — and took everyone by surprise. However, the greatest surprise of all was Jane’s next comment.

“What is this all about? What does he want, anyway?” “Just to not pay you any more money, that’s all,” I said. It was clear, she had not even read the Fee Arbitration documents sent to her. Hector didn’t want anything from Jane, he simply did not want to pay her any more money after causing him to come to court twice and costing him a small fortune.

It was “Who’s on First?” Jane was clueless. Upon realizing that Hector was not asking for money back, she muttered, “Well, OK, then,” slammed her briefcase shut and stormed out of my office.

I saw her in court a few days later, when she was representing family members in a conservatorship case. She didn’t know which party she was representing. You should have seen the look on the judge’s face.

My decision was brief. “Counsel has agreed to drop any demands for additional attorney fees.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“As a Small Claims Court judge in California’s Central Valley I am amazed at the number of disputes which might have been resolved out of court, if a clearly written complaint letter addressing the problem were sent.

“Before filing a small claims case, you must ask for payment, and this is best done by sending what we call ‘a demand letter’ which should briefly and politely state what you want and why. But, even with help available on the California Small Claims Court website, we often see angry, confusing, rambling, sarcastic letters that go on page after page, likely remaining unread.”

“Dennis, if you would do a story on how to complain — how to write a demand letter — it will be so helpful to the people we serve and I can keep more of my hair!”

To Boston-based attorney, former CNN commentator and legal writing instructor at Harvard, Steven Stark, “It’s not only the average person who has difficulty in writing an effective complaint letter, surprisingly, lawyers are often terrible writers!” he told us with a broad smile.

The advice that Stark gives to attorneys about how to structure their letters, “Applies to anyone. You need to help the reader understand the problem, and therefore, in your opening paragraph, these three points need to be covered:

• What are you complaining about?
• Explain why you are complaining. Without the why, the letter will not make any sense.
• What are you seeking? This needs to be stated.

Stark cautions, “You don’t want the reader to be in the dark, wondering what the problem is and what you want. Say these things right up front. It won’t be the entire statement, but this needs to be in the beginning.”

Don’t let your emotions get the best of you

Complaining is an emotional experience. If we weren’t upset about something, we wouldn’t be writing that letter. We are angry and want to give that person a piece of our mind. And if we do?

“Don’t insult the person that you are making the demand of,” Stark underscores. “Stick to the facts; focus on what happened and avoid a personal attack. Factual support strengthens your case. If the reader senses anger, and feels insulted, they will be less likely to give you what you want.

“This is the time to show and not tell. We do this by being specific and avoiding adjectives or adverbs which do not convey clear meaning. For example, if I say, ‘My leg hurt afterwards,” this is vague, as ‘hurt’ is not specific. However, ‘Ever since the accident I can’t walk upstairs and I cannot turn my leg,’ is visual, showing the reader the consequences of the accident.”

Daily, this column receives emails and letters from across the country asking for our help. And that’s what we do. But sometimes, like the Small Claims Court judge, when 15 pages arrive with no paragraphs, or emails do not contain a phone number, these things are upsetting and reveal a lack of consideration of our time.

“Always be considerate of the reader’s time and eyesight. Paragraphs are essential. Not only do they separate ideas, but white space on the page is visually important, so you are not bombarded with a mass of words.

“Shorter is better than longer. Length does not impress people with the strength of your claim, and too long a letter can detract from your credibility. For most consumer-type complaint or demand letters, two pages at most should be sufficient.”

After you’ve written the letter, “You’ve not done. The next step is to read it out loud, possibly to a friend who will give you an honest answer. Does it sound like something you would say to them — not in anger, just talking in a conversational tone of voice? If so, it’s probably pretty good.

“But if it sounds like somebody shouting, screaming, and pounding their fists on the table, then you’ll need to bring that tension level way down and this is done by concentrating on the facts,” Stark concludes.

So, you’ve written a good letter, just about to drop it in the mail box or press send, but wait! Have you established a time frame in which you want the reader to act?

While this will vary according to the particular problem, that cutoff date is critically important and needs to be stated.

Finally, threatening a negative internet review could be seen as extortion, or blackmail.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Today’s story will be of special interest to anyone headed to Small Claims Court, and we begin with this question:

“When the judge’s decision is 100 percent wrong — totally and completely wrong on the law — so as to make you wonder if her law decree came from a box of Cheerios, what can you do?”

“Appeal!” is what you’re probably thinking, and yes, the defendant can file an appeal which typically results in a new trial with a different judge. But in many states including California, if the plaintiff loses, it’s generally all over.

But under very narrow circumstances there is a way for a plaintiff to file what would act much like an appeal, and because it is in small claims court, most lawyers have never heard of it. We will tell you what it is in a moment, but right now, one more question:

“If it becomes clear that a county has a renegade small claims court judge who rewards the illegal conduct of a business owner, and reveals at the least gross incompetence, should that person be permitted to continue hearing cases?”

As you will see, that’s exactly what Kings County Small Claims Pro Tem Judge Valerie Chrissakis did, by rewarding Martin Reyes, owner of Hanford-based Automotive Performance, refusing to order him to return $2,300 he took from customer Susan Stewart in April of 2016 by knowingly and willfully violating California’s Written Estimate Law.

The 1975 California case of Bennett v. Hayes forced repair shops to comply with the written estimate law. No written estimate means no valid contract and the shop is not entitled to be paid no matter what they do to your vehicle. No compensation — period.

“This is still the law today. Countless consumers have prevailed in small claims matters as a result of shops failing to provide an estimate. Additionally, the Bureau of Automotive Repair annually secures nearly $5 million in restitution to consumers, in many cases because there was no estimate,” Bill Thomas, program manager with California’s Bureau of Automotive Repair told us.

He added, “I have never heard of a case where the judge refused to order a refund. You can’t keep money illegally obtained.”

When contacted by our reader, we spoke with Reyes who admitted — on a recorded line — there was no estimate, yet refused to refund the money. He stated the same thing in a letter, and then Susan went to Small Claims Court. Our office submitted a “Friend of the Court” brief to Judge Pro Tem Chrissakis with legal authority establishing that Reyes had engaged in an illegal contract and was not entitled to anything.

But it was a very strange hearing indeed. Obviously ignoring the law, she was looking for some way to compensate Reyes! Then came her decision, which is a slap in the face of justice and forces you to wonder about where she is coming from. Paraphrasing, her opinion cites all the cases which say the shop can’t be paid, but then she states, “But since you’ve paid the shop, I can’t help you. There is no legal remedy.”

“This was obviously a void, unenforceable contract,” appellate attorney Catherine Bennet of Bakersfield stated. “The mechanic clearly can’t keep the money. The judge is obviously way off base.”

Los Angeles-based consumer protection attorney Bob Brennan put it this way: “This is insane. You’ve got to give the money back! The judge is absolutely wrong.”

Contracts Professor Bryan Hull at Loyola Law School in Los Angeles stated, “This is an injustice by allowing the repair facility to get away with violation of a statute that is designed to protect the consumer.”

While Pro Tem Judge Valerie Chrissakis purposefully ignored the law to benefit someone not entitled to one cent — and why is anyone’s guess — Susan is has one remaining hope and that is to file form SC 108 with the Kings County Superior Court. It is called “Request to Cancel or Correct a Judgment.” Section 3 states, “I ask the court to cancel the judgment because the court applied the wrong law.”

If reviewed by Judge Chrissikis personally, she has the ability to correct the judgment, or she could refer it to some other judicial officer who, we assume, will get it right.

The Kings County Superior Court has some highly qualified judges who I’ve met and respect. It now has a hot potato on its hands and needs to restore faith in the public that they will be treated fairly by its Small Claims Court.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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If you’ve ever hired a contractor for a kitchen remodel, room addition, or to build a custom home, then you know there will always be unexpected surprises.

Readers George Sheram and his wife, Van, expected a few rough spots when they hired Ed Small of Sierra Construction to build their retirement home in Gypsum, Colo. “But Ed did a great job — it was smooth sailing,” the retired Occidental Petroleum engineer told me.

However, the same could not be said for the landscaper, Hollywood Services Inc., of Vail, Colo., whose bid was “$14,000, which did, however, include a one-year tree replacement warranty,” George added.

Now, hang on for a truly rough ride through the tortured reasoning of a landscaper and his wife whose lack of fairness and basic common sense will leave you shaking your head in disbelief.

As you’ll see, what happened to George and his wife was incredibly frustrating, completely illogical, and simply should never have occurred — and when we ran the facts by a number of lawyers, a collective “You’ve got to be kidding — this can’t be for real!” echoed back.

But it was all too real and unmasked business owners who would have made Tony Soprano proud indeed. But first, let’s take a look at one aspect of contract law which every homeowner needs to know.

When you hire a general contractor, it’s likely that sub-contractors will do part of the job.

They and the “general” are responsible to the homeowner for the quality of their work, and sub-contractors must stand behind any warranties provided. If all goes well, you pay the “general” directly, and from those funds, subs and all material suppliers are paid. But there is a risk in a homeowner simply paying all the money owed to the general contractor.

He could simply skip town, or not pay subs and material suppliers in full. In that event, these folks have a powerful remedy; filing a mechanics lien against the property, which could lead to it being sold to satisfy their claims.

There are three ways to avoid that problem: (1) Require the general contractor to provide you with lien releases from all of the subs and material providers and verify that you have received authentic documents, (2) pay them yourself, again, obtaining lien releases, or, (3) by using a bank construction escrow account.

In July 2008, after Hollywood Services had completed their landscaping, George wrote them a check for $14,639, which represented the full amount of the invoice they had sent to his contractor, Sierra Construction.

“Both Ed and I were satisfied with their work at our property. He referred Hollywood to Cotton Ranch, a major new golf course development which needed landscaping, and suggested they put in a bid.”

There’s an old saying about being careful for what you wish for. Hollywood was awarded the contract, did a good job, and then without warning, Cotton Ranch went out of business. Hollywood was never paid.

“One of the Spruce trees they planted did not live through the winter. It cost $710. I have spoken with the owners, David and Vanessa Lambert, who admit the tree has a one-year warranty, but they are refusing to replace it,” George said.

Now, would anyone like to take a wild guess at just why not?

Here’s what a sarcastic Vanessa told me when I spoke with her on July 17: “We got burned on the Cotton Ranch job, and won’t do a thing for any customer of Ed Small until he gets us paid. Besides, we only had a contract with Ed, not George.”

“Wait a minute! Are you saying there was some connection between Cotton Ranch and George?” I asked. Vanessa admitted there was none at all. “Then why are you holding him hostage for something he’s got absolutely nothing to do with?”

“He is our leverage over Ed Small. If Ed gets us paid, we will replace the tree.” she smugly replied.

To keep this matter out of small claims court, knowing that George and his wife would return to Colorado in a few days, I offered Vanessa this suggestion: “I like happy endings to my articles. Wouldn’t it be nice if when they pull up into their drive way, they’re looking at a new, healthy tree?” She agreed to think it over.

When George and Van arrived home on July 29 they found that, “The dead tree was not miraculously resurrected or replaced. We are disappointed, but not surprised.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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In a recent article, we told you about Carol, her cat, Molly, and irresponsible neighbors who allowed their pit bulls to get out of a backyard enclosure.

With the doors open to let the morning breeze sweep through the house, in rushed the two pit bulls, crushing Molly with their powerful jaws.

“My entire world changed that instant,” the retired Wells Fargo banker told me, months later, still tearful when the event was discussed. She suffered seriously high blood pressure episodes, and required medication due to the anxiety over the same thing happening to other family pets.

“Can you imagine what it felt like to allow the vet put her to sleep? You are turning off life support for a family member.”

“For people who truly love dogs and cats, they are not just objects with a price tag. They become part of your family,” she maintains.

Millions of Americans agree.

In that story, we asked readers to tell us how an insurance company should look at Carol’s situation. Even though California law has always stated the value of a pet is replacement cost, is that fair or right today? In many other states and cities, courts go well beyond that limitation.

The bottom line is that while California law does not require an insurance company to pay compensation for emotional distress in these situations, nothing prevents them from doing so, either.

Allstate’s stand

Allstate insures the owner of these killer dogs. Their advertising campaign paints themselves as “taking a stand for consumers.”

So, what was their “stand” on Carol’s claim? Did they look at this horrible incident and say, “We can do more than just offer the lady some money to buy another cat and pay for a vet bill? Our insured was directly responsible for causing her tremendous grief, and if the purpose of insurance is to fairly compensate for injury and loss, we should do that.”

On Sept. 8, 2009, an attorney retained by Allstate wrote Carol: “While I certainly sympathize with your loss, unfortunately the law in the State of California prohibits recovery of damages for emotional distress due to the loss of a pet.”

The letter went on to cite McMahon vs. Craig, where a California Appellate Court acknowledged that pet owners are often so attached to their family pets that they are considered members of the family, and yet said flat-out no to a claim of emotional distress due to the death of a family pet. In the underlying case, a veterinarian negligently cared for a pet and lied about it.

The court in so many words stated that to allow such claims would be a “burden” for the courts.

Allstate offered Carol $149 for the value of her cat and $99 for the vet bill. They could easily have offered more.

“At times, insurance companies will go beyond what they are required to pay,” I was told by Pete Moraga, spokesman for the Insurance Information Network of California.

But obviously not Allstate, in Carol’s case.

Only two of the many readers who responded agreed with Allstate’s puny offer, and one of them was an Allstate agent! He wrote, “If you allow one case to be covered, this would set precedent for more frivolous lawsuits – dogs killing dogs, dogs killing cats…”

“Frivolous?” Not so fast. “It’s amazing how much more responsible some people become when they can be hit hard in the pocketbook. If pet owners and their insurance carriers faced the real cost of owning a dangerous dog, you would find better fences and fewer pit bulls,” wrote Tom of Hanford.

Advice from www.dogbitelaw.com

Specializing in dog bite cases, attorney Kenneth Phillips of Beverly Hills has highly encouraging news for Carol and others in her situation:

“There are many jurisdictions all over America which say the owner of the dog is liable for all provable losses. Beverly Hills is one.”

“There is a movement sweeping across the country where courts are no longer observing those old restrictions. Many California judges have awarded damages for all the care which the pet required, without a cap.”

“Pit bulls have been found to be like a deadly weapon, and when running around loose, causing injury or death, small claims court judges are awarding very large judgments, despite old statutes.”

“Carol should to go small claims court and sue the owner. Judges there are allowed to do what is fair, and are not required to follow the law. She should ask for the full amount of her damages, medical bills and all other monetary damages which arise out of that incident.”

That’s the kind of advice a Beaver can sink his teeth into.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Q: I was recently in Small Claims Court and have got to tell you that the judge really disappointed me. Even though I won the case against my former tenant, first of all the decision was mailed to me which took several days, and I thought the judge would lecture the defendant on the importance of telling the truth and being responsible. But he seemed totally unconcerned with obvious contradictions and lies. I expected Judge Judy, not Judge Wimpy! Am I wrong, or are most Small Claims Court judges afraid to speak up?

A: Real life isn’t a TV courtroom

Ever since the appearance of Judge Judy and The People’s Court type of television programs, I have frequently heard from readers with similar complaints. “It was an empty victory,” is the way one Eureka reader put it. “Case after case, no sense of moral outrage, no effort by the judge to point out obviously unethical and morally questionable behavior. A chance to send a strong message to the litigants and spectators was missed.”

Are there courtrooms where clones of Judge Judy preside? If they exist, I have never seen one, and for a lot of reasons, some valid, but many a symptom, in my opinion, of a justice system that far too often just doesn’t get it. (I will explain that statement a bit later.) Judge Judy — a former New York family law court judge — is a superb television entertainer, but she isn’t acting. She is free to say the things that many judges feel and think, because Judy does not have to worry about complaints from members of the public, or from unhappy voters who might toss her off the bench.

She is probably the only judge in America who is truly independent. I enjoy watching her show; she is my kind of judge, real courage, strong ethics, morality, and she can smell BS a mile away. Right and wrong matters to her, matters in the real world, and so often appears unimportant in too many of the courtrooms most of us visit. Judge Judy is a success because our legal system is seen by the public as failing miserably to deliver justice.

Politics

“Small Claims Court is that place in our legal system where emotions run as high as in family law, sometimes higher. When the public complains about judges, Small Claims tops the list. You’ve got people who are representing themselves in cases that might have been going on for a very long time, who often do not understand their rights or legal obligations. They want someone to blame, and that someone can be the judge. So, if you behave as a Judge Judy, it is an invitation to have a formal complaint filed against you, and no judge wants that,” states a now retired Superior Court judge who has read my column for years.

“Beav,” he said, “When you become a judge, a lot of relationships end. You are under a magnifying glass, both in and out of the courtroom, but it is what happens in the courtroom that can easily get you in trouble,” he said.

“Judges are normally appointed to office, but must run for election every six years. With 58 counties in California — some of them politically very active — if a judge wants to run unopposed (which most do) then you need to do a good job and not offend the public,” he points out.

Why decisions are mailed out

Unlike The People’s Court, or Judge Judy, the decisions of real judges are often mailed to the parties for a number of valid reasons, not necessarily because the judge is a wimp as my reader suggests. Some cases require research before a correct ruling can be made. This takes time. It is also true that many decisions could be announced from the bench but are not for another good reason: preventing violence.

There is a reason that an armed bailiff is in court. Some people cannot control their temper if the decision goes against them. An experienced judge usually can sense when it is safe to announce the decision, but some just play it safe and notify everyone by mail.

Sitting as a Judge Pro Tem, I learned this the hard way one afternoon when a mild-mannered grandma suddenly went berserk after I ruled that her hair stylist was not responsible for the loss of her hair following grandma’s fourth hair color change in three weeks. It was, to say the least, a “hair”-raising experience.

Do Small Claims Court Judges care?

“The times that I have just visited Small Claims Court, over the years, the impression is that too many judges lack concern and aren’t all that strong in terms of character,” Hanford reader Dwight Wilbur told me when I asked his opinion of the judges he has seen. “Is it me, or does right and wrong not matter to many of them?” he wonders.

Today’s lawyers are the judges of tomorrow. In many ways, we get the legal system we ask for and deserve. If the legal profession is asked and permitted to play fast and loose with right and wrong and basic morality, when those lawyers become judges, do not be surprised by the kind of justice they will dispense.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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If you’ve seen even one episode of the “Judge Judy” show on CBS and are waiting for your own day in small claims court, chances are good you’ve wondered, “is small claims court going to be like ‘Judge Judy?'”

Karen (names have been changed) certainly did. The Selma resident is a ministry student at Fresno-Pacific University, and sent “You and the Law” the following e-mail:

“Before my small claims trial against Sandra – my former college roommate – for not paying her share of our expenses, friends suggested that I watch the ‘Judge Judy’ television program for a good idea of what to expect, and how judges deal with the people who appear before them.”

“I followed their advice and watched the show for two weeks. She actually had several cases similar to mine, where roommates either damaged property belonging to the other or refused to pay their half of expenses for no valid reason.”

“I loved the show and the way she handled the irresponsible and dishonest people who appeared before her. There was a morally satisfying feeling, as she pointed out what they had done wrong and what they were legally obligated to do. If someone was a con or flake, then they wound up looking that way before millions of viewers, and I thought this was a terrific way of educating the public.”

But when she actually took her case to court, thinking “that our judges had the courage to tell it like it is, that the courtroom would be something like that, a tool for moral and legal education. I was so disappointed,” Karen wrote.

Tried to avoid going to court

“Sandra and I are doing a degree in Christian ministries, and the last thing I wanted was to sue her. If one truly practices our faith, then life should be all about doing what is morally, ethically and legally correct. Filing the small claims lawsuit was the only possible choice unless I wanted to just forget the whole thing. But to do that would be just as morally wrong, and a sign of cowardice, I believe,” Karen, 20, wrote.

“My school has a Center for Peacemaking and Conflict Studies with staff whose job it is to help roommates solve their problems and avoid going to court. I suggested that to Sandra but she would not even give me an answer.”

“When the case went to court, it wasn’t like Judge Judy at all. The judge listened to Sandra’s nonsensical excuses and yet said nothing, did not point out her irresponsible behavior, did nothing to educate her in anyway about living as a responsible adult. Yes, I won a judgment, but do not feel nearly that justice was at all accomplished that day.”

“Why isn’t small claims court more like Judge Judy? Why do our judges not tell people what they need to hear?” my reader asked.

A lot of people feel the same way

“Karen’s comments reflect the feelings of lots of people who have seen the Judge Judy’ show and then find something completely different – and are often very disappointed – when they go to court,” comments Don Fischer of Fresno. Fischer has been in a position to know that only too well.

He is a mediator for the Fresno County Superior Court and on the staff of the Fresno-Pacific Center for Peacekeeping and Conflict studies. “Judge Judy does something extremely well, which is why the show is so popular – that does not usually happen in real courtrooms,” he points out.

“She allows for story telling, truth and honesty to come out, and the parties and audience feel they have made things as right as possible at the show’s conclusion. What Karen wrote about good moral feelings viewers have in watching the show is correct. But that is television reality, and not generally courtroom reality.”

“Most litigants are first-time users of the court system. The only exposure they have may be television drama like Judge Judy courtroom shows. They mistakenly expect the same process when they get to court.”

“We always have to remember that, like it or not, judges deal with legal issues and try to avoid emotional issues. So, when you’re in court there is rarely a resolution of the emotional need to be heard. You might win a judgment, but that’s just a piece of paper from the court and collection of the judgment is something very different from feeling whole again.”

“The victory could easily be an empty one,” Fischer concludes.

Considering renting a place with a roommate? Hang in there – don’t sign a thing until you read next week’s advice from Fresno-Pacific mediators and roommate advisers. They’ll save you headaches – and money!

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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